Journalists need to tool up

Pub­lished in the Huff­ing­ton Post UK:

Over the last week more sound, fury and indig­na­tion has cas­caded forth from the US media, spill­ing into the European news, about the Amer­ican gov­ern­ment and the Asso­ci­ated Press spy­ing scan­dal.

Last week it emerged that the US Depart­ment of Justice mon­itored the tele­phones of, gasp, journ­al­ists work­ing at AP. Appar­ently this was done to try to invest­ig­ate who might have been the source for a story about a foiled ter­ror­ist plot in Yemen. How­ever, the drag­net seems to have widened to cover almost 100 journ­al­ists and poten­tially threatened gov­ern­mental leak­ers and whis­tleblowers who, in these days of sys­tem­atic secur­ity crack­downs in the US, are fast becom­ing Pub­lic Enemy No 1.

Now it appears that the US DoJ has been read­ing the emails of a senior Fox News reporter. And this has got the US hacks into a fright­ful tizz. What about the First Amendment?

Well, what about the fact that the Pat­riot Act shred­ded most of the US Con­sti­tu­tion a dec­ade ago?

Also, who is actu­ally facing the secur­ity crack­down here? The US journ­al­ists are bleat­ing that their sources are dry­ing up in the face of a sys­tem­atic witch hunt by the US admin­is­tra­tion. That must be hard for the journ­al­ists — hard at least to get the stor­ies and by-lines that ensure their con­tin­ued employ­ment and the abil­ity to pay the mort­gage. This adds up to the phrase du jour: a “chilling effect” on free speech.

Er, yes, but how much harder for the poten­tial whis­tleblowers? They are the people facing not only a loss of pro­fes­sional repu­ta­tion and career if caught, but also all that goes with it. Plus, now, they are increas­ingly facing dra­conian prison sen­tences under the recently rean­im­ated and cur­rently much-deployed US 1917 Espi­on­age Act for expos­ing issues in the pub­lic interest. Ex-NSA Thomas Drake faced dec­ades in prison for expos­ing cor­rup­tion and waste, while ex-CIA John Kiriakou is cur­rently lan­guish­ing in prison for expos­ing the use of torture.

The US gov­ern­ment has learned well from the example of the UK’s Offi­cial Secrets Acts — laws that never actu­ally seem to be wiel­ded against real estab­lish­ment trait­ors, who always seem to be allowed to slip away, but which have been used fre­quently and effect­ively to stifle dis­sent, cover up spy crimes, and to spare the blushes of the Establishment.

So, two points:

Firstly, the old media could and should have learned from the new model that is Wikileaks and its ilk. Rather than asset strip­ping the organ­isa­tion for inform­a­tion, while abandon­ing the alleged source, Brad­ley Man­ning, and the founder, Julian Assange, to their fates, Wikileaks’s erstwhile allies could and mor­ally should cam­paign for them. The issues of the free flow of inform­a­tion, demo­cracy and justice are big­ger than petty argu­ments about per­son­al­ity traits.

Plus, the old media appear to have a death wish: to quote the words of the former New York Times editor and Wikileaks col­lab­or­ator Bill Keller, Wikileaks is not a pub­lisher — it is a source, pure and simple. But surely, if Wikileaks is “only” a source, it must be pro­tec­ted at all costs — that is the media’s prime dir­ect­ive. Journ­al­ists have his­tor­ic­ally gone to prison rather than give away their sources.

How­ever, if Wikileaks is indeed deemed to be a pub­lisher and can be per­se­cuted this way, then all the old media are equally vul­ner­able. And indeed that is what we are wit­ness­ing now with these spy­ing scandals.

Secondly, these so-called invest­ig­at­ive journ­al­ists are sur­prised that their phones were tapped?  Really?

If they are doing proper, worth­while journ­al­ism, of course their comms will be tapped in a post-Patriot Act, surveillance-state world. Why on earth are they not tak­ing their own and their sources’ secur­ity ser­i­ously? Is it ama­teur night?

In this day and age, any ser­i­ous journ­al­ist (and there are still a few hon­our­able examples) will be tak­ing steps to pro­tect the secur­ity of their sources. They will be tooled up, tech-savvy, and they will have atten­ded Crypto-parties to learn secur­ity skills. They will also be pain­fully aware that a whis­tleblower is a per­son poten­tially facing prison, rather than just the source of a career-making story.

If main­stream journ­al­ists are ser­i­ous about expos­ing cor­rup­tion, hold­ing power to account, and fight­ing for justice they need to get ser­i­ous about source pro­tec­tion too and get teched-up. Help is widely avail­able to those who are inter­ested. Indeed, this sum­mer the Centre for Invest­ig­at­ive Journ­al­ism is host­ing talks in Lon­don on this sub­ject, and many other inter­na­tional journ­al­ism con­fer­ences have done the same over the last few years.

Sadly, the level of interest and aware­ness remains rel­at­ively low — many journ­al­ists retain a naïve trust in the gen­eral leg­al­ity of their government’s actions: the author­it­ies may bend the rules a little for “ter­ror­ists”, but of course they will abide by the rules when it comes to the media.….

.…or not. Water­gate now looks rather quaint in comparison.

As for me: well, I have had some help and have indeed been teched-up. My laptop runs the free Ubuntu Linux (the 64 bit ver­sion for grown-ups) from an encryp­ted solid state hard drive. I have long and dif­fer­ent pass­words for every online ser­vice I use. My mail and web server are in Switzer­land and I encrypt as much of my email as pos­sible. It’s at least a start.

And here’s what I have to say about why journ­al­ists should think about these issues and how they can pro­tect both them­selves and their sources: Open­ing key­note “The Big Dig Con­fer­ence” from Annie Machon on Vimeo.

NORML Conference, 18-19th May in Bristol

LEAP_logoThis com­ing week­end NORML UK will be hold­ing its first AGM and national con­fer­ence in Bristol.

Mr Nice, aka Howard Marks, will be open­ing the event and speak­ing on the Sat­urday night dur­ing the two-day event.

Join­ing the event to dis­cuss the need for a sens­ible and evidence-based rethink about drug policy will be many other speak­ers from groups such as Trans­form, Stu­dents for Sens­ible Drug Policy, the Beckley Found­a­tionRelease, former Chief Con­stable of Cam­bridge­shire Tom Lloyd, and of course, Law Enforce­ment Against Pro­hib­i­tion.

The head of LEAP UK, former Met police detect­ive and forensic money-laundering expert Rowan Bosworth-Davies, will be speak­ing on Sunday19th May.

I shall be speak­ing at the con­fer­ence on the Sat­urday after­noon, and then enjoy­ing the even­ing with Howard Marks et al.  Come along if you can.

Club of Amsterdam

Last week I had the pleas­ure of speak­ing at the Club of Ams­ter­dam.  The topic under dis­cus­sion was “The future of digital iden­tity”.  Many thanks to Felix and the team. A lively even­ing.

Annie Machon at the Club of Ams­ter­dam from Annie Machon on Vimeo.
First pub­lished in my news­let­ter last week, amongst much else. Do sign up!

The Value of Whistleblowers

I was recently invited to write an art­icle for the Nat West Busi­ness Sense online magazine about the poten­tial value and bene­fits of whis­tleblowers.  Here’s the link, and here’s the article:

The con­tro­ver­sial issue of whis­tleblow­ing has been firmly thrust into the pub­lic con­scious­ness over the last few years with the ongo­ing saga of Wikileaks.

Often whis­tleblowers can get a bad rap in the media, deemed to be trait­ors, grasses or snitches.  How­ever, rather than a phe­nomenon to be feared, if handled cor­rectly whis­tleblowers can often be bene­fi­cial to their organ­isa­tions.  Allow me to explain.

I have a nod­ding acquaint­ance with the pro­cess.  In the 1990s I worked as an intel­li­gence officer for the UK domestic Secur­ity Ser­vice, gen­er­ally known as MI5, before resign­ing to help my former part­ner and col­league David Shayler blow the whistle on a cata­logue of incom­pet­ence  and crime.  As a res­ult we had to go on the run around Europe, lived in hid­ing and exile in France for 3 years, and saw our friends, fam­ily and journ­al­ists arres­ted around us.  I was also arres­ted, although never charged, and David went to prison twice for expos­ing the crimes of the spies. It was a heavy price to pay.

How­ever, it could all have been so dif­fer­ent if the UK gov­ern­ment had agreed to take his evid­ence of spy crimes, under­take to invest­ig­ate them thor­oughly, and apply the neces­sary reforms.  This would have saved us a lot of heartache, and could poten­tially have improved the work of the spies. But the government’s instinct­ive response is always to pro­tect the spies and pro­sec­ute the whis­tleblower, while the mis­takes and crimes go unin­vestig­ated and unre­solved. Or even, it often appears, to reward the mal­efact­ors with pro­mo­tions and gongs.

The dra­conian Offi­cial Secrets Act (1989) imposes a blanket ban on any dis­clos­ure what­so­ever.  As a res­ult, we the cit­izens have to take it on trust that our spies work with integ­rity. There is no mean­ing­ful over­sight and no accountability.

Many good people do indeed sign up to MI5, MI6 and GCHQ, as they want a job that can make a dif­fer­ence and poten­tially save lives.  How­ever, once on the inside they are told to keep quiet about any eth­ical con­cerns: “don’t rock the boat, and just fol­low orders”.

In such an envir­on­ment there is no vent­il­a­tion, no account­ab­il­ity and no staff fed­er­a­tion, and this inev­it­ably leads to a gen­eral con­sensus – a bul­ly­ing “group think” men­tal­ity.  This in turn can lead to mis­takes being covered up rather than les­sons learned, and then poten­tially down a dan­ger­ous moral slide.

As a res­ult, over the last dec­ade we have seen scan­dal heaped upon intel­li­gence scan­dal, as the spies allowed their fake and politi­cised inform­a­tion to be used make a false case for an illegal war in Iraq; we have seen them des­cend into a spiral of extraordin­ary rendi­tion (is kid­nap­ping) and tor­ture, for which they are now being sued if not pro­sec­uted; and we have seen that they facil­it­ate dodgy deals in the desert with dictators.

But it is not all bleak.  Recently, Dr Tom Fin­gar received The Sam Adams Award for Integ­rity in Intel­li­gence in Oxford for his work on com­pil­ing the US National Intel­li­gence Estim­ate of 2007.  In this he sum­mar­ised the con­clu­sions of all 16 US intel­li­gence agen­cies by say­ing that Iran had ceased try­ing to develop a nuc­lear weapons cap­ab­il­ity in 2003.

There was immense polit­ical pres­sure on him to sup­press this evid­ence, but he went ahead with the report and thereby single-handedly hal­ted the US government’s rush to war with Iran.  By hav­ing the cour­age to do his job with integ­rity, Dr Fin­gar is respons­ible for sav­ing count­less lives across Iran.

In the world of intel­li­gence, where secrecy is para­mount, where crimes can hushed up, and where there is no avenue for voicing con­cern and dis­sent, it is per­haps inev­it­able that whis­tleblowers will con­tinue to emerge.

But in other sec­tors of work mis­takes can be just as life threat­en­ing and the need for expos­ure just as great.  In the UK over the last few years many senior med­ical whis­tleblowers have emerged from the NHS, detail­ing mis­takes and incom­pet­ence that have put the pub­lic at risk.  Alas, rather than learn from mis­takes made, all too often NHS bosses have either vic­tim­ised the whis­tleblowers by sus­pend­ing them or ruin­ing their repu­ta­tion, or they have insisted that they sign gag­ging orders and then covered up the mis­takes.  Neither option is a good out­come either for staff mor­ale or for patient safety.

While the cul­ture of cover-up exists, so too will whis­tleblowers. How could this be resolved, and what would be the poten­tial benefits?

If employ­ers insti­tute a cul­ture of trust and account­ab­il­ity, where employ­ees with con­cerns can be fairly heard, the appro­pri­ate action taken, and justice done, the needs and imper­at­ives behind whis­tleblow­ing would dis­ap­pear. Poten­tial prob­lems could be nipped in the bud, improv­ing pub­lic trust and con­fid­ence in the prob­ity of the organ­isa­tion and avoid­ing all the bad pub­li­city fol­low­ing a whis­tleblow­ing case.

Plus, of course, the poten­tial whis­tleblowers would have a legit­im­ate avenue to go down, rather than hav­ing to turn their lives inside out – they would no longer need to jeop­ard­ise their pro­fes­sional repu­ta­tion and all that goes with it such as career, income, social stand­ing and even, poten­tially their freedom.

Hav­ing a sound pro­ced­ure in place to address staff con­cerns strikes me as a win-win scen­ario – for staff effi­ciency and mor­ale, the organisation’s oper­a­tional cap­ab­il­ity and repu­ta­tion, and poten­tially the wider pub­lic, too.

How to stop war — Make Wars History

A recent Make Wars His­tory event in the UK Par­lia­ment, hos­ted by John McDon­nell MP, with Chris Cover­dale and myself speak­ing.  Some prac­tical steps we can all take to make wars his­tory:

Make Wars His­tory talk in Par­lia­ment, April 2013 from Annie Machon on Vimeo.

RT Interview about the Bradley Manning Hearing

Today’s RT inter­view about the Brad­ley Man­ning hear­ing:

And here’s the tran­script of the full inter­view I did.

Silfur Egils Interview, Iceland

My recent inter­view on Iceland’s premier news dis­cus­sion show, Sil­fur Egils, hos­ted by the excel­lent Egill Helgason.

The name refers to an old Norse saga about a hero, an earlier Egill, throw­ing hand­fuls of sil­ver to the ground so he could make the Vik­ing politicos of the day scrabble around in the dirt try­ing to pick up the coins.

Plus ça change, plus c’est la même chose.

Talk at the Icelandic Centre for Investigative Journalism

Wikileaks spokes­man, Kris­tinn Hrafns­son, invited me to speak at the Icelandic Centre for Invest­ig­at­ive Journ­al­ism while I was in Ice­land in February.

While focus­ing on the inter­sec­tion and con­trol between intel­li­gence and the media, my talk also explores many of my other cur­rent areas of interest.

Ice­land Journ­al­ists talk 2013 from Annie Machon on Vimeo.

Echelon Redux

Just a quickie, as this is some sort of hol­i­day sea­son appar­ently.  How­ever, this did annoy me.   In the same way that Pres­id­ent Obama signed the invi­di­ous NDAA on 31st Decem­ber last year, des­pite his prot­est­a­tions about veto­ing etc, it appears the US gov­ern­ment has sneaked/snuck through (please delete as appro­pri­ate, depend­ing on how you pro­nounce “tomato”) yet another dra­conian law dur­ing the fest­ive sea­son, which appar­ently fur­ther erodes the US con­sti­tu­tion and the civil rights of all Americans.

Yet another prob­lem for our benighted cous­ins across the pond, you might think.  But as so often hap­pens these days, bonkers Amer­ican laws can affect us all.

Yes­ter­day the Sen­ate approved an expan­sion of the terms of the For­eign Intel­li­gence Sur­veil­lance Act (FISA).  This allows the US intel­li­gence ser­vices to hoover up, if you’ll par­don the mild intel­li­gence joke, the emails of god-fearing, law-abiding Amer­ic­ans if they are exchan­ging emails with pesky foreigners.

Well of course the whole world now knows, post 9/11, that all for­eign­ers are poten­tial ter­ror­ists and are now being watched/snatched/extraordin­ar­ily rendered/tor­tured/assas­sin­ated with impun­ity.  In Europe we have had many people suf­fer this way and some have man­aged to achieve recog­ni­tion and resti­tu­tion.  That appears to do little to stop the drone wars and blood-letting that the USA has unleashed across the Middle East.

But the NDAA and the exten­ded FISA should at least rouse the ire of Amer­ic­ans them­selves: US cit­izens on US soil can now poten­tially be tar­geted.  This is new, this is dan­ger­ous, right?

Well, no, not quite, as least as far as the inter­cep­tion of com­mu­nic­a­tions goes.

The Ech­elon sys­tem, exposed in 1988 by Brit­ish journ­al­ist Duncan Camp­bell and rein­vestig­ated in 1999, put in place just such a (leg­ally dubi­ous) mech­an­ism for watch­ing domestic cit­izens.  The sur­veil­lance state was already in place, even if through a back door, as you can see from this art­icle I wrote 4 years ago, which included the fol­low­ing paragraph:

ECHELON was an agree­ment between the NSA and its Brit­ish equi­val­ent GCHQ (as well as the agen­cies of Canada, Aus­tralia, and New Zea­l­and) whereby they shared inform­a­tion they gathered on each oth­ers’ cit­izens. GCHQ could leg­ally eaves­drop on people out­side the UK without a war­rant, so they could tar­get US cit­izens of interest, then pass the product over to the NSA. The NSA then did the same for GCHQ. Thus both agen­cies could evade any demo­cratic over­sight and account­ab­il­ity, and still get the intel­li­gence they wanted.

The only dif­fer­ence now is that FISA has come blast­ing through the front door, and yet people remain quiescent.

LEAP Interview on The Real News Network, October 2012

I par­ti­cip­ated in the Law Enforce­ment Against Pro­hib­i­tion (LEAP) board meet­ing last Octo­ber in Bal­timore. While there, I arranged for board mem­bers to do a series of inter­views about the failed global “war on drugs” with the excel­lent and inde­pend­ent Real News Net­work.

The tide of his­tory is with us — more and more coun­tries are speak­ing out about the fail­ure of pro­hib­i­tion.  LEAP sup­ports and con­trib­utes to this discussion.

LEAP has rep­res­ent­at­ives across the world with a wide range of pro­fes­sional expert­ise: police officers, drug czars, judges, prison gov­ernors, law­yers, drug enforce­ment officers, and even the occa­sional former spook.…

Our var­ied exper­i­ences and back­grounds have brought us to one con­clu­sion: we all assess the “war on drugs” to have been an abject fail­ure that causes more global soci­etal harm than good, as well as fund­ing organ­ised crime, ter­ror­ism and white col­lar bank crime.

We urgently need to rethink the failed UN drug conventions.

Here is the RNN inter­view I par­ti­cip­ated in, along with Brazilian Judge Maria Lucia Karam:

Asymmetric Extradition — the American Way

Pub­lished in the Huff­ing­ton Post UK, The Real News Net­work, and Inform­a­tion Clear­ing House

I blame my part­ner. There I was hav­ing a per­fectly nice day off, poot­ling my way through the Sunday news­pa­pers and find­ing such intriguing art­icles about the fact that Bri­tain has invaded all but 22 coun­tries around the world over the cen­tur­ies (France is the second most pro­lific invader but also has the dubi­ous dis­tinc­tion of being the coun­try most invaded by Bri­tain, apparently).

Then he has to go and say “well, if the US ignores other coun­tries’ laws, why should we be sub­ject to theirs?”. This post is the unavoid­able result.

I had made the tac­tical blun­der of shar­ing two art­icles with him.  The first was an excel­lent inter­view in today’s Inde­pend­ent with news supremo and fin­an­cial sub­vers­ive, Max Keiser; the second was an art­icle I found in my Twit­ter stream from the indefatig­able Julia O’Dwyer about her son’s ongo­ing legal fight in the UK.

The con­nec­tion?  Unfor­tu­nately and rather inev­it­ably these days — extradition.

Richard O’Dwyer is the Shef­field stu­dent who is cur­rently wanted by the USA on copy­right infringe­ment charges.  Using a bit of old-fashioned get-up-and-go, he set up a web­site called tvshack​.com, which appar­ently acted as a sign-posting ser­vice to web­sites where people could down­load media.  Put­ting aside the simple argu­ment that the ser­vice he provided was no dif­fer­ent from Google, he also had no copy­righted mater­ial hos­ted on his website.

Richard has lived all his life in the UK, and he set up his web­site there.  Under UK law he had com­mit­ted no crime.

How­ever, the Amer­ican author­it­ies thought dif­fer­ently.  O’Dwyer had registered his web­site as a .com and the US now claims that any web­site, any­where in the world, using a US-originated domain name (com/org/info/net etc) is sub­ject to US law, thus allow­ing the Amer­ican gov­ern­ment to glob­al­ise their legal hege­mony. The most notori­ous recent case was the illegal US intel­li­gence oper­a­tion to take down Megaup­load and arrest Kim Dot­com in New Zea­l­and earlier this year.

This has already res­ul­ted in for­eign web­sites that attract the wrath of the US author­it­ies being taken down, with no warn­ing and no due pro­cess. This is the cyber equi­val­ent of drone war­fare and the presidentially-approved CIA kill list.

As a res­ult, not only was O’Dwyer’s web­site sum­mar­ily taken down, he is now facing extra­di­tion to the US and a 10 year stretch in a max­imum secur­ity prison.  All for some­thing that is not even a crime under UK law.  His case echoes the ter­rible 10-year ordeal that Gary McKin­non went through, and high­lights the appalling prob­lems inher­ent in the invi­di­ous, one-sided UK/USA Extra­di­tion Act.

So how does this link to the Max Keiser inter­view? Read­ing it reminded my of an invest­ig­a­tion Keiser did a few years ago into the extraordin­ary rendi­tion of a “ter­ror­ist sus­pect”, Abu Omar, from Italy to Egypt where he was inev­it­ably, hor­rific­ally tor­tured.  Since then, 23 CIA officers have now been tried under Italian law and found guilty of his kid­nap­ping (let’s not mince our words here).  The Milan Head of Sta­tion, Robert Lady is now wanted in Italy to serve his 9-year sen­tence, but the US gov­ern­ment has refused to extra­dite him.

So let’s just reit­er­ate this: on the one hand, the US demands EU cit­izens on sus­pi­cion that they may have com­mit­ted a cyber-crime accord­ing to the diktats of Amer­ican law, which we are all now sup­posed to agree has a glob­al­ised reach; on the other hand, US cit­izens who have already been con­victed by the due legal pro­cess of other West­ern demo­cra­cies are not handed over to serve their sen­tences for appalling crimes involving kid­nap­ping and torture.

I have writ­ten at length about America’s asym­met­ric extra­di­tion laws, but this is tak­ing the sys­tem to new heights of hypocrisy.

Just why, indeed, should European coun­tries reli­giously obey America’s self-styled global legal domin­ion and hand over its cit­izens, pre­sumed inno­cent until proven guilty, to the bru­tal and dis­pro­por­tion­ate US legal sys­tem?  Espe­cially when the US brushes aside the due legal pro­cesses of other demo­cra­cies and refuses to extra­dite con­victed felons?

It appears that the USA is in a hurry to reach and breach Britain’s record for for­eign inva­sions. But in addi­tion to old-fashioned mil­it­ary incur­sions, Amer­ica is also going for full-spectrum legal dominance.

The Real News Network on Whistleblowing, Part 2

Part Two of my recent inter­view on the excel­lent, inde­pend­ent and fear­less Real News Net­work:

British politicians Droning on

Pub­lished in The Huff­ing­ton Post UK, 2 Octo­ber 2012

Only in the mad world of mod­ern Brit­ish polit­ics could it be pos­sible to con­nect MPs, drones and royal breasts. Is this sound­ing a little too bizarre? Let me explain.…

Way back in 2008 Con­ser­vat­ive MP Damien Green, who was at the time the Shadow Min­is­ter for Immig­ra­tion, was arres­ted on sus­pi­cion of eli­cit­ing leaks from a Home Office civil ser­vant that appeared to con­firm the then Labour gov­ern­ment was cov­er­ing up UK immig­ra­tion figures.

When I say arres­ted, this was not the stand­ard, civ­il­ised and pre-arranged appoint­ment at the local nick, which the police tra­di­tion­ally allow their polit­ical “mas­ters” or, for that mat­ter, their bud­dies at News International.

Oh no, this was a full-on, Cold War-style arrest, car­ried out by the Met­ro­pol­itan Police Counter-Terrorism com­mand (known in the old days as Spe­cial Branch). Intriguingly, civil ser­vants appeared to have mis­lead­ingly hyped up the need for a heavy-handed police response by stat­ing that they were “in no doubt that there has been con­sid­er­able dam­age to national secur­ity already as a res­ult of some of these leaks”.

And indeed, the res­ult­ing arrests bore all the hall-marks of a national secur­ity case: secret police, dawn raids, and counter-terrorism style searches of the fam­ily home, the con­stitu­ency office, and — shock — an inva­sion of Green’s office in parliament.

Yet Green was not arres­ted under the terms of the Offi­cial Secrets Act. Instead, both he and his hap­less whis­tleblower, Chris­topher Gal­ley, were only seized on sus­pi­cion of breach­ing some arcane Vic­torian law (“aid­ing and abet­ting mis­con­duct in pub­lic office”).  I sup­pose arrest­ing a sit­ting MP for a breach of the OSA would have been just too polit­ic­ally tricky.

Leav­ing aside the under­stand­able upset caused to Green’s wife and chil­dren by the raid on their home, plus the fact that the police viol­ated not only their per­sonal effects such as bed sheets and love let­ters but also con­fid­en­tial legal papers about child abuse cases that Mrs Green was work­ing on, what really caused out­rage in the media and polit­ical classes was the fact that Plod had dared to invade the hal­lowed ground of parliament.

There was an out­cry from politi­cians about the “encroach­ing police state”. The case was duly dropped, the senior officer, Assist­ant Com­mis­sioner Bob Quick, had to resign (but only after com­mit­ting yet another polit­ical gaffe), and other stor­ies, such as the MP expenses scan­dal, grabbed the atten­tion of the main­stream media.

Roll on four years, and Damien Green has now ascen­ded to the giddy heights of Home Office Min­is­ter of State for Police and Crim­inal Justice. Well, meet­ing his new staff must have been an inter­est­ing exper­i­ence for him.

But what is this man now doing in his emin­ent role, to stop the slide into the encroach­ing police state that is the UK? Of all people, one would expect him to be sens­it­ive to such issues.

Sadly, he appears to have already gone nat­ive on the job. It was repor­ted yes­ter­day that he is pro­pos­ing the use of police drones to spy on the UK pop­u­la­tion, but in an “appro­pri­ate and pro­por­tion­ate” man­ner of course.

The concept of small aer­ial drones being used by UK police has been mooted for a few years now — indeed some police forces and secur­ity agen­cies have already bought them. But whereas the ini­tial, stand­ard jus­ti­fic­a­tion was that it would help in the “war on ter­ror” (as it has so ably done in the Middle East, where inno­cent fam­il­ies are routinely slaughtered in the name of assas­sin­at­ing mil­it­ants), mission-creep has already set in.  Damien Green stated at the launch of the new National Police Air Ser­vice (NPAS) that drones could be use­ful mon­it­or­ing protests and traffic viol­a­tions. It has even been repor­ted that the Home Office plans to use non-lethal weapons to do so.

Of course there are prob­lems around the use of drones in UK air­space.  Our skies are already very crowded and they could present a haz­ard to air­craft, although the BBC has repor­ted that drones could be air­borne in the next few years.  This appears to be the only argu­ment hold­ing the use of drones in check — for­get about civil liber­ties and pri­vacy issues.

This is par­tic­u­larly per­tin­ent as we look at the evol­u­tion of drone tech­no­logy.  Cur­rently the UK police are dis­cuss­ing toy-sized drones, but it has already been repor­ted that drones the size of birds or even insects, with autonom­ous intel­li­gence or swarm cap­ab­il­it­ies are being developed. And don’t even get me star­ted on the sub­ject of poten­tial militarisation.…

There is a whole debate to be had about what can be viewed and what can­not — where does the pub­lic sphere end and the private begin? A couple of years ago I sug­ges­ted some­what facetiously that our best hope of defeat­ing the intro­duc­tion of sur­veil­lance drones in the UK might be indig­nant celebs suing the paparazzi for using the tech­no­lo­gies.  But per­haps the ante has already been upped in the recent fall-out from the Duch­ess of Cam­bridge and her roy­ally papped breasts.

If drone tech­no­logy becomes wide­spread, then nobody will have any pri­vacy any­where. But who knows, before we get to that stage per­haps HM Queen will come out swinging on the side of pri­vacy for her granddaughter-in-law, if not for the rest of her “sub­jects”. If that were to hap­pen then no doubt Damien Green will aban­don his new-found enthu­si­asm for these air­borne sur­veil­lance pests; if not to stop the “encroach­ing police state” of which he must have such col­our­ful recol­lec­tions, then at least to safe­guard any poten­tial knight­hood in his rosy min­is­terial future.

Gestapo Courts

Pub­lished in The Huff­ing­ton Post UK, 30 Septem­ber 2012

Pub­lished in The Real News Net­work, 30 Septem­ber 2012

A lot of sound and fury has been expen­ded in the Brit­ish media over the last few months about the Coali­tion government’s pro­posal to enact secret courts via the pro­posed Justice and Secur­ity Bill — purely for ter­ror­ist cases, you under­stand. Which, of course, is OK as we all know ter­ror­ists are by defin­i­tion the Baddies.

Except we need to drill down into the detail of the pro­pos­als, have a look at some his­tory, and think through the future implications.

The concept of secret courts emerged from the offi­cial UK spook sec­tor — MI5 and MI6 have been lob­by­ing hard for such pro­tec­tion over recent years.  Their argu­ment revolves around a num­ber of civil cases, where Brit­ish vic­tims of extraordin­ary rendi­tion and sub­sequent tor­ture have sued the pants off the spies through civil courts and received some recom­pense for their years of suffering.

The most notori­ous case was that of Binyam Mohamed, who was repeatedly tor­tured in a black prison in Morocco, with Brit­ish spies allegedly con­trib­ut­ing to his ques­tion­ing. And we’re not talk­ing about a few stress pos­i­tions, awful as they are. Mohamed was strung up and had his penis repeatedly slashed with a razor.

MI5 and MI6 are aggrieved because they could not defend them­selves in the res­ult­ant civil actions brought against them, and they (and their former polit­ical mas­ter Jack Straw) are par­tic­u­larly wor­ried about future cases around the MI6-organised Libyan rendi­tions exposed last year.  The spies’ argu­ment is that hav­ing to pro­duce evid­ence in their own defence would dam­age that ever-flexible but curi­ously vague concept of “national security”.

Well, they would say that, wouldn’t they?

The spooks have tra­di­tion­ally used the “national secur­ity” argu­ment as the ulti­mate get-out-of-jail-free card.  It has never been leg­ally defined, but it is unfail­ingly effect­ive with judges and politicians.

We saw sim­ilar argu­ments dur­ing the post-9/11 secur­ity flap, when many ter­ror­ist sus­pects were scooped up and interned in high secur­ity Brit­ish pris­ons such as Bel­marsh on the say-so of face­less intel­li­gence officers. No evid­ence needed to be adduced, nor could it be chal­lenged. The sub­sequent con­trol order sys­tem was equally Kafkaesque.

That’s not to say that cer­tain interned indi­vidu­als might not have been an act­ive threat to the UK.  How­ever, in the “good” old days (god, I sound ancient), sus­pects would have had evid­ence gathered against them, been tried by a jury, con­victed and imprisoned. The sys­tem was never per­fect and evid­ence could be egre­giously with­held, but at least appeals were pos­sible, most not­ably in the case of the Birm­ing­ham Six.

Since 9/11 even breath­ing the word “ter­ror­ist” has meant that all these his­toric com­mon law prin­ciples seem to have been jet­tisoned.  Even before the pro­posed enshrine­ment of “secret courts” in the new Bill, they are already being used in the UK — the Spe­cial Immig­ra­tion Appeal Com­mis­sion (SIAC) tribunals hear secret evid­ence and the defendant’s chosen law­yer is not allowed to attend. Instead a spe­cial, government-approved advoc­ate is appoin­ted to “rep­res­ent the interests” of the defend­ant who is not allowed to know what his accusers have to say. And there was no appeal.

But all this is so unne­ces­sary.  The powers are already in place to be used (and abused) to shroud our notion­ally open court pro­cess in secrecy.  Judges can exclude the press and the pub­lic from court rooms by declar­ing the ses­sion in cam­era for all or part of the pro­ceed­ings.  Plus, in national secur­ity cases, gov­ern­ment min­is­ters can also issue Pub­lic Interest Immunity Cer­ti­fic­ates (PIIs) that not only bar the press from report­ing the pro­ceed­ings, but can also ban them from report­ing they are gagged — the gov­ern­mental super-injunction.

So the powers already exist to pro­tect “national secur­ity”.  No, the real point of the new secret courts is to ensure that the defend­ant and, par­tic­u­larly in my view, their chosen law­yers can­not hear the alleg­a­tions if based on intel­li­gence of any kind. Yet even the spies them­selves agree that the only type of intel­li­gence that really needs to be kept secret involves ongo­ing oper­a­tions, agent names, and sens­it­ive oper­a­tional techniques.

 And as for the right to be tried by a jury of your peers — for­get it.  Of course jur­ies will have no place in such secret courts.  The only time we have seen such dra­conian judi­cial meas­ures in the UK out­side a time of offi­cial war was dur­ing the Troubles in North­ern Ire­land — the infam­ous Dip­lock Courts — begin­ning in the 1970s and which incred­ibly were still in use this year.

I am not an apo­lo­gist of ter­ror­ism although I can under­stand the social injustice that can lead to it.  How­ever, I’m also very aware that the threat can be arti­fi­cially ramped up and manip­u­lated to achieve pre­con­ceived polit­ical goals.

I would sug­gest that the concept of secret courts will prove fatally dan­ger­ous to our demo­cracy.  It may start with the concept of get­ting the Big Bad Ter­ror­ist, but in more polit­ic­ally unstable or strin­gent eco­nomic times this concept is wide open to mis­sion creep.

We are already see­ing a slide towards expand­ing the defin­i­tion of “ter­ror­ist” to include “domestic extrem­ists”, act­iv­ists, single issue cam­paign­ers et al, as I have writ­ten before. And just recently inform­a­tion was leaked about a new public-private EU ini­ti­at­ive, Clean IT, that pro­poses ever more invas­ive and dra­conian poli­cing powers to hunt down “ter­ror­ists” on the inter­net. This pro­posal fails to define ter­ror­ism, but does provide for endemic elec­tronic sur­veil­lance of the EU. Pure cor­por­at­ism.

Allow­ing secret courts to try people on the say-so of a shad­owy, unac­count­able and bur­geon­ing spy com­munity lands us straight back in the pages of his­tory: La Ter­reur of revolu­tion­ary France, the creepy sur­veil­lance of the Stasi, or the dis­ap­pear­ances and tor­ture of the Gestapo.

Have we learned nothing?